COVER

8 definitions found across Law Mind sources

See encyclopedia: UCC Article 2 -- Buyer's Remedies (SS2-711 through 2-717) →
COVERAuthored
The Law Mind • 1312 words
Definition
COVER has distinct legal meanings depending on context. The two most significant are: 1. UCC Cover (Contracts/Sales). Under Article 2 of the Uniform Commercial Code, cover is the buyer's right, following a seller's breach, to purchase substitute goods in the open market and recover from the breaching seller the difference between the contract price and the cost of the substitute purchase, plus incidental and consequential damages, less expenses saved. Cover is a remedy of first resort for aggrieved buyers — it is not mandatory, but a buyer who reasonably covers will have their damages measured by the cover transaction rather than by the abstract market price formula. The substitute purchase must be made in good faith, without unreasonable delay, and must be reasonable in the circumstances. The buyer need not obtain a perfect substitute; commercial reasonableness governs. 2. Insurance Cover. In insurance law and practice, cover (or coverage) refers to the protection afforded by an insurance policy — the risks assumed, the parties protected, and the amounts available. A cover note or binder may provide temporary insurance protection before a formal policy is issued. The question of whether a loss is "covered" under a policy is among the most frequently litigated issues in insurance law. 3. Real Property / Title. In real estate and title practice, to "cover" a title or to provide coverage through a title insurance commitment means to assume the risk that the insured title is as represented. A title policy covers specified risks (defects, liens, encumbrances) while typically excluding others. 4. Historical / General. In older usage, cover appeared in property and family law contexts — a married woman was said to be "under cover" or a feme covert, meaning her legal identity was subsumed into her husband's. This usage is now purely historical.
Common Language
Modern common usage (Wiktionary): A lid; a cloth or material placed over something for protection; the front and back of a book; a cover charge; a musical recording of another artist's song. Historical common usage (Webster's 1913): To overspread the surface of one thing with another; to envelop or clothe, as with a mantle; to invest oneself with something. The common meaning of cover — protection through physical concealment or covering — is close enough to the legal meanings to be intuitive in some contexts (insurance "covers" a risk) but dangerously incomplete in others. A researcher encountering "cover" in a UCC dispute is reading a term of art with a precise remedial structure that the colloquial sense of protection does not capture. The feme covert usage reverses the intuition entirely: the woman was not protected but legally extinguished.
Common Confusion
Cover (UCC remedy) is frequently confused with the market price damages formula under UCC § 2-713. They are alternatives: a buyer who covers uses the cover price as the damages baseline; a buyer who does not cover (or covers unreasonably) falls back on market price at the time and place of tender. Courts have split on whether a buyer who could have covered but did not is penalized, or whether market price damages remain available regardless. Researchers should not assume the two formulas produce the same result — they often diverge significantly in volatile markets. Cover in insurance is sometimes loosely equated with indemnity, but the terms are not synonymous. Indemnity describes the compensation principle; cover describes the scope of the risk assumed.
Core Elements
For UCC Cover (the most litigated form): Good faith. The cover purchase must be honest in fact and consistent with reasonable commercial standards. A buyer cannot manufacture an inflated cover transaction to increase damages. Reasonable substitute. The goods purchased need not be identical, but they must be a commercially reasonable replacement for what the seller failed to deliver. Without unreasonable delay. Cover must be accomplished within a commercially reasonable time after breach. What counts as unreasonable depends on market conditions and the nature of the goods. Damages calculation. Cover damages = (Cover price) − (Contract price) + incidental damages + consequential damages − expenses saved. Election not required. A buyer may choose not to cover and instead pursue market price damages, specific performance, or other available remedies.
Why It Matters in Research
The UCC cover remedy sits at the center of a substantial body of commercial litigation, and the corpus reflects this. Researchers tracing buyer's remedies pre-UCC will find no equivalent doctrine — the common law measured damages by market price at breach, full stop. The introduction of cover as a formally recognized remedy in Article 2 was a significant doctrinal shift, and cases decided before the UCC's adoption in a given jurisdiction are not reliable guides to cover doctrine. Jurisdictional enactment dates for Article 2 matter: Louisiana's non-adoption and state-specific UCC amendments create variation in the corpus that can mislead researchers who treat the UCC as uniform federal law. In insurance contexts, "cover" as terminology is more prevalent in Commonwealth jurisdictions (UK, Australia, Canada) than in American practice, where "coverage" dominates. A researcher pulling British or Canadian insurance materials into comparison with American cases should flag this terminological difference — the concepts are analogous but the case law developed separately. The feme covert usage will surface in any pre-20th century property, probate, or domestic relations material. It signals an entirely different legal universe — the doctrine of coverture — and should not be read as metaphor. See the RELATED TERMS entry for COVERTURE. Anderson's dictionary entry for this term is off-point (the C.O.D. entry is a mismatch), which is itself instructive: historical legal dictionaries often have gaps precisely where modern commercial law has moved furthest from common law origins. The UCC cover remedy is a prime example of a term that postdates the classical dictionaries entirely.
Historical Dictionary Support
Anderson's Dictionary of Law does not contain a substantive entry for cover as a buyer's remedy or as an insurance term — the retrieved passage concerns C.O.D. (collect on delivery) and is unrelated. This gap is historically accurate: the UCC cover remedy was created by statute in the mid-20th century, and no 19th-century legal dictionary could have anticipated it. Researchers should not expect pre-UCC dictionaries to illuminate Article 2 cover doctrine. Older dictionaries do address "cover" in the insurance sense, though often through the entry for "coverage" or "policy." The core concept — that an insurer assumes specified risks — appears consistently across historical sources, though the terminology and the scope of standard-form policies have evolved substantially. The feme covert doctrine is well-documented in Blackstone and in 19th-century American treatises on domestic relations. Historical dictionaries treat it as a fundamental common law concept rather than a curiosity, which reflects how central coverture was to pre-20th-century property and family law.
Jurisdictional Note
UCC Article 2 cover applies in all U.S. jurisdictions that have adopted Article 2, with Louisiana as the significant exception. In insurance law, the term "cover" versus "coverage" tracks Commonwealth versus American usage; substantive coverage disputes are governed by state contract and insurance regulatory law, with no uniform federal standard outside specialized contexts such as ERISA or federal flood insurance.
Encyclopedia Cross-Reference
UCC Article 2 — Cover and Market Price Damages (The Law Mind Contracts & Commercial Law Encyclopedia) Title Insurance — Commitment, Policy Types (Owner's and Lender's), and Covered Risks (The Law Mind Real Estate Transactions & Construction Encyclopedia)
Related Terms
Coverture — Feme covert — Buyer's remedies — Market price damages (UCC § 2-713) — Specific performance — Consequential damages — Mitigation of damages — Insurance coverage — Binder — Cover note — Indemnity — Breach of contract (sales) — UCC Article 2 — Good faith (commercial)
COVERmain
Anderson's Dictionary of Law • 1890
Collect on delivery. The initials C. O. D. mean collect on delivery, that is, deliver upon payment of the charges due to the seller for the price and to the carrier for the carriage of the goods. The initials have acquired a fixed meaning which the courts and juries may recognize from their general information.2 The contract of the carrier is not only for the safe carriage and delivery of the goods to the consignee, but also that he will collect the price and the charges due thereon, and return the price to the consignor. Should the goods be destroyed by any other agency than an act of God or of a public enemy, the carrier is liable, as in other cases. See CARRIER, Common. Collecting agent or agency. A collection to be made by a collecting agent imports an undertaking by such agent himself; not that he receives a claim for transmission to another for collection, for whose negligence he is not to be responsible.4 For collection. Indorsed on negotiable paper, restrains negotiability. The indorser may prove that he was not the owner and did not mean to give title to it or to its proceeds when collected. Such indorsement is not intended to give currency or circulation to the paper; its effect is limited to an authority to collect.5 There is a marked difference of opinion, expressed in the adjudged cases, respecting the liability of a collecting banker for the manner in which the notary, to whom notes are delivered for presentment and protest, discharges his duty. The supreme court of New York, in Allen v. Merchants' Bank of New York, said that "a note or bill of exchange left at a bank and received for the purpose of being sent to a distant 1 See Moakley v. Riggs, 19 Johns. 70 (1821); Taylor v. Bullen, 6 Cow. 626 (1827); Cumpston v. McNair, 1 Wend. 460 (1828); Backus v. Shipherd, 11 Wend. 634 (1834); Loveland v. Shepard, 2 Hill, 139 (1841). State v. Intoxicating Liquors, 73 Me. 279 (1882), Peters, J. See also United States Express Co. v. Keifer, 59 Ind. 267 (1877); American Express Co. v. Lesem, 39 111. 333 (1866). * See Pilgreen v. State, 71 Ala. 368 (1882); The Illinois, 2 Flip. 420 (1879); Higgins v. Murray, 73 N. Y. 252, 254 (1878); Wagner v. Hallack, 3 Col. 184 (1877); Gibson v. American Express Co., 1 Hun, 389 (1874); Baker v. Boucicault, 1 Daly, 26-27 (1860); cases supra. Hoover v. Wise, 91 U. S. 310-15 (1875), cases: Hunt, Field, Swayne, Davis, Strong, JJ., and Waite, C. J., concurring; Miller, Clifford, and Bradley, JJ., dissenting. * Sweeney v. Easter, 1 Wall. 173-74 (1863), cases. 15 Wend. 487 (1836), cases. place for collection, would seem to imply, upon a reasonable construction, no other agreement than that it should be forwarded with due diligence to a competent agent to do what should be necessary in the premises. The person leaving the note is aware that the bank cannot personally attend to the collection, and that it must therefore be sent to some distant or foreign agent," and that there was nothing which could imply an assumption for the fidelity of the agent. The case being carried to the court of errors, the foregoing decision was reversed, and the doctrine declared that the bank was responsible for all subsequent agents employed in the collection of the paper. The reversal was by a vote of fourteen senators against ten. The decision has since been followed in New York, and its doctrine adopted in Ohio. But in the courts of other States it has been generally rejected and the views expressed by the supreme court approved. In Dorchester and Milton Bank v. New England Bank it was held by the supreme court of Massachusetts that when notes or bills, payable at a distant place, are received by a bank for collection, without specific instructions, it is bound to transmit them to a suitable agent at the place of payment, for that purpose; and that when a suitable sub-agent is thus employed, in good faith, the collecting bank is not liable for his neglect or default.2 In the supreme courts of Connecticut, Maryland, Illinois, Wisconsin, and Mississippi, the doctrine of the supreme courts of New York and Massachusetts, in the cases cited, has been approved and followed.2 The indorsement upon a check "For collection; pay to the order of A," is notice to purchasers that the indorser is entitled to the proceeds.3 Whether a stipulation in a note for the payment of the expenses of collection is enforceable under statutes allowing costs or statutes against usury, or whether such stipulation renders the instrument so uncertain as to destroy its negotiable quality, are questions not uniformly settled.4 See COVERT; DISCOVERY.
COVERv.
Websters Unabridged Dictionary (1913) • 1913
To overspread the surface of (one thing) with another; as, to cover wood with paint or lacquer; to cover a table with a cloth. To envelop; to clothe, as with a mantle or cloak. And with the majesty of darkness round Covers his throune. Milton. All that beauty than doth cover thee. Shak. To invest (one's self with something); to bring upon (one's self); as, he covered himself with glory. The powers that covered themselves with everlasting infamy by the partition of Poland. Brougham. To hide sight; to conceal; to cloak; as, the snemy were covered from our sight by the woods. A cloud covered the mount. Exod. xxiv. 15. In vain shou striv'st to cover shame with shame. Milton. To brood or sit on; to incubate. While the hen is covering her eggs, the male . . . diverts her with his songs. Addison. To overwhelm; to spread over. The waters returned and covered the chariots and the horsemen. Ex. xiv. 28. To shelter, as from evil or danger; to protect; to defend; as, the cavalry covered the retreat. His calm and blameless life Does with substantial blessedness abound, And the soft wings of peace cover him round. Cowley. To remove from remembrance; to put away; to remit."Blessed is he whose is covered." Ps. xxxii. 1. To extend over; to be sufficient for; to comprehend, include, or embrace; to account for or solve; to counterbalance; as, a mortgage which fully covers a sum loaned on it; a law which covers all possible cases of a crime; receipts than do not cover expenses. To put the usual covering or headdress on. Cover thy head . . . ; nay, prithee, be covered. Shak. To copulate with (a female); to serve; as. a horse covers a mare; -- said of the male. To cover ground or distance, to pass over; as, the rider covered the ground in an hour. -- To cover one's short contracts (Stock Exchange), to buy stock when the market rises, as a dealer who has sold short does in order to protect himself. -- Covering party (Mil.), a detachment of troops sent for the protection of another detachment, as of men working in the trenches. -- To cover into, to transfer to; as, to cover into the treasury.
COVERn.
Websters Unabridged Dictionary (1913) • 1913
Anything which is laid, set, or spread, upon, about, or over, another thing; an envelope; a lid; as, the cover of a book. Anything which weils or conceals; a screen; disguise; a cloack. "Under cover of the night." Macualay. A hendsome cover for imperfections. Collier. Shelter; protection; as, the troops fought under cover of the batteries; the woods afforded a good cover. Being compelled to lodge in the field . . . whilst his army was under cover, they might be forced to retire. Clarendon. The woods, underbrush, etc., which shelter and conceal game; covert; as, to beat a cover; to ride to cover. That portion of a slate, tile, or shingle, which is hidden by the overlap of the course above. Knight. The lap of a slide valve. A tablecloth, and the other table furniture; esp., the table furniture for the use of one person at a meal; as, covers were laid for fifty guests. To break cover, to start from a covert or lair; -- said of game. -- Under cover, in an envelope, or within a letter; -- said of a written message. Letters . . . dispatched under cover to her ladyship. Thackeray.
COVERv.
Websters Unabridged Dictionary (1913) • 1913
To spread a table for a meal; to prepare a banquet. [Obs.] Shak.
covernoun
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
A lid. | Area or situation which screens a person or thing from view. | The front and back of a book, magazine, CD package, etc. | The top sheet of a bed. | A cloth or similar material, often fitted, placed over an item such as a car or sofa or food to protect it from dust, rain, insects, etc. when not being used. | A bag or packet. | A cover charge. | A setting at a restaurant table or formal dinner. | A new performance or rerecording of a previously recorded song; a cover version; a cover song. | A fielding position on the off side, between point and mid off, about 30° forward of square; a fielder in this position. | A tarpaulin or other device used to cover the wicket during rain, to prevent it getting wet. | The area of the stumps that is blocked by the batsman so as to defend the wicket. | A backup incase any player sustains injury during nets or midseries. Originally have to be declared part of squad before match. | A collection (or family) of subsets of a given set, whose union contains every element of said original set. | An envelope complete with stamps and postmarks etc. | A solid object, including terrain, that provides protection from enemy fire. | In commercial law, a buyer’s purchase on the open market of goods similar or identical to the goods contracted for after a seller has breached a contract of sale by failure to deliver the goods contracted for. | An insurance contract; coverage by an insurance contract. | A persona maintained by a spy or undercover operative; cover story. | A swindler's confederate. | The portion of a slate, tile, or shingle that is hidden by the overlap of the course above. | In a steam engine, the lap of a slide valve. | The distance between reinforcing steel and the exterior of concrete.
coveradj
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
Of or pertaining to the front cover of a book or magazine. | Of, pertaining to, or consisting of cover versions.
coververb
Wiktionary (English) • 2026
Wiktionary contributorsCC BY-SA 4.0 • via Kaikki
Extracted and formatted for display by Law Mind. Source link opens the current Wiktionary page and its contributor history; it is not a frozen copy of this extract.
To place something over or upon, as to conceal or protect. | To be over or upon, as to conceal or protect. | To be upon all of, so as to completely conceal. | To set upon all of, so as to completely conceal. | To put on one's hat. | To invest (oneself with something); to bring upon (oneself). | To have under one’s scope or purview. | To discuss thoroughly; to provide coverage of. | To have under one’s scope or purview. | To deal with or include someone or something. | To have under one’s scope or purview. | To have as an assignment or responsibility. | To have under one’s scope or purview. | To provide insurance coverage for. | To be enough money for. | To supply with funds; to settle or pay the costs for; to foot the bill for. | To act as a replacement. | To air or run locally originated material in place of network material during an internal spot break in a syndicated program. | To make a cover version of (a song that was originally recorded by another artist). | To protect, to guard. | To protect from attack in general, to guard. | To protect, to guard. | To protect using an aimed firearm and the threat of firing; or to protect using continuous, heaving fire at or in the direction of the enemy so as to force the enemy to remain in cover; or to threaten using an aimed firearm. | To protect, to guard. | To protect or control (a piece or square). | To protect, to guard. | To defend (mark) a particular player or area. | To protect, to guard. | To provide an alibi for (someone); to provide excuses or apologia for (someone); to carry water for someone. | To copulate with (said of certain male animals such as dogs and horses). | To extend over a given period of time or range, to occupy, to stretch over a given area. | To traverse or put behind a certain distance. | To arrange plates, etc. on (a table) in preparation for a meal.

Explore the full Law Mind legal research platform.

SubscribeEncyclopediaSign In